HomeMy WebLinkAbout2001-02-22MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
THURSDAY, FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
I. CALL TO ORDER
Mayor Ferguson convened the meeting at 4:06 p.m.
II. ROLL CALL
Present:
Councilmember Jean M. Benson
Mayor Pro-Tempore Richard S. Kelly
Councilman Robert A. Spiegel
Mayor Jim Ferguson
Excused Absence:
Councilman Buford A. Crites
Also Present:
Carlos L. Ortega, City Manager/RDA Executive Director
David J. Erwin, City Attorney
Sheila R. Gilligan, Asst. City Manager for Community Services/City Clerk
Richard J. Folkers, Asst. City Manager for Development Services
Homer Croy, Director of Building & Safety
Phil Drell, Director of Community Development
Paul S. Gibson, Director of Finance/City Treasurer
Joseph S. Gaugush, Director of Public Works/City Engineer
Rachelle D. Klassen, Deputy City Clerk
With City Council concurrence, Mayor Ferguson suspended the agenda at this point in order
to take up Item A of Old Business (Section IX) considering an ordinance relative to smoking in
public facilities. Please see that portion of the Minutes for discussion and action.
III. CONSENT CALENDAR
A. MINUTES of the Regular City Council Meeting of February 8, 2001.
Rec: Approve as presented.
B. CLAIMS AND DEMANDS AGAINST THE CITY TREASURY - Warrant Nos. 70, 71, and 72.
Rec: Approve as presented.
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
C. MINUTES of City Committee and Commission Meetings.
A. Golf Course Committee Meeting of January 9, 2001.
B. Sister Cities Subcommittee Meeting of January 8, 2001.
C. Technology Committee Meetings of June 6, 2000, and January 2, 2001.
Rec: Receive and file.
D. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Three Replacement
Trucks in the Maintenance Division Fleet.
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject replacement trucks.
E. REOUEST FOR AUTHORIZATION to Advertise and Call for Bids for Traffic Signal
Installation at Larkspur Lane and El Paseo, Portola Avenue and Hovley Lane West, and Portola
Avenue and Shadow Mountain (Project No. 563-99) (Contract No. C17740).
Rec: By Minute Motion, authorize the City Clerk to advertise and call for bids for the
subject project.
F. REQUEST FOR APPROVAL of Agreement with the City of Indian Wells for Maintenance of
Traffic Signals and Safety Lighting on Fred Waring Drive and Warner Trail (Contract
No. C18510).
Rec: By Minute Motion, authorize the Mayor to execute the subject Agreement.
G. REQUEST FOR ACCEPTANCE OF WORK. for Contract No. C 17550 - 2000 Curb, Gutter and
Cross Gutter Repair Program (Project No. 753-00) (Arrow Concrete Co., Inc.).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
H. REQUEST FOR ACCEPTANCE OF WORK for Contract No. C17920 - Fred Waring Drive
Traffic Signal Interconnect Improvements (Project No. 557-99) (Macadee Electrical).
Rec: By Minute Motion, accept the work as complete and authorize the City Clerk to file
a Notice of Completion for the subject project.
REOUEST FOR AUTHORIZATION to Release Improvement Security for Tract No. 25296
(BIGHORN Development, L.P.IWinrnar Palm Desert, L.L.C., Applicant).
Rec: By Minute Motion, accept the subdivision improvements as complete and authorize the
City Clerk to release the subject improvement securities.
2
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
J. REQUEST FOR APPROVAL ofFinal Tract Map No. 25296-8 (BIGHORN Development, LLC,
Applicant).
Rec: Waive further reading and adopt Resolution No. 01-25, approving the final subdivision
map of Tract No. 25296-8.
K. REQUEST FOR APPROVAL of Artwork Located at the Montecito Development.
Rec: By Minute Motion: 1) Accept as complete the Bill Ware sculpture commissioned by
the Montecito Homeowners Association; 2) authorize disbursement of the final
payment in the amount of $10,5000 to said artist from AIPP funds; and 3) authorize
the Mayor to execute the Public Art Maintenance Covenant.
L. REOUEST FOR APPROVAL of Out -of -State Travel - CalFest Convention & Exposition.
Rec: By Minute Motion, authorize the Senior Management Analyst/Community Services to
travel to Las Vegas, Nevada, to attend the Seventh Annual CalFest Convention &
Exposition to be held March 27-29, 2001 in Las Vegas, Nevada - funds available in
Fiscal Year 2000-2001 budget line item 110-4416-414-3061.
M. REOUEST FOR APPROVAL to Permit the Sale, Possession and Consumption of Alcoholic
Beverages on City -Owned Property.
Rec: By Minute Motion, permit the sale, possession and consumption of alcoholic beverages
on City -owned property in connection with a special event, SpringFest, scheduled to
be held on March 25, 2001.
N. REOUEST FOR WAIVER ofFees Associated with the Palm Desert Middle School Graduation.
Rec: By Minute Motion, waive fees associated with the subject event scheduled to be held
on Tuesday, June 12, 2001, on the Amphitheater stage at the Palm Desert Civic Center
Park.
O. CONSIDERATION of a Request from Soroptimist International of Palm Desert to Fund
Expenses Associated with the 2001 Art and Wine Tour of El Paseo, to be held on Friday,
March 2, 2001.
Rec: By Minute Motion, approve the subject request in an amount not to exceed $1,300.
Upon motion by Spiegel, second by Kelly, the Consent Calendar was approved as presented by a 4-0
vote of the Council, with Councilman Crites ABSENT.
3
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
IV. CONSENT ITEMS HELD OVER
None
V. RESOLUTIONS
A. RESOLUTION NO. 01-26 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING THE FISCAL YEAR 2000-01 BUDGET AS
A RESULT OF MID -YEAR ADJUSTMENTS.
Councilman Spiegel moved to waive further reading and adopt Resolution No. 01-26. Motion was
seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT.
B. RESOLUTION NO. 01-28 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, SUPPORTING ESTABLISHMENT OF THE COACHELLA
VALLEY COORDINATING COUNCIL FOR POST -SECONDARY EDUCATION IN THE
COACHELLA VALLEY.
Mayor Ferguson noted the Study Session held on Tuesday, February 20, 2001, with Bill Kroonen
(President of College of the Desert), Peter Wilson (Dean of the Cal State University,
San Bernardino - Coachella Valley Campus), and Ray Orbach (Chancellor of the University of
California, Riverside). He said all three institutions were co -locating programs on the City's
property at Cook Street and Frank Sinatra. A suggestion was made by Bill Kroonen that a
coordinating council be created to make sure that all three higher institutions of education
coordinate those programs efficiently with the City of Palm Desert since it is on City land. He
said this resolution would establish such a coordinating council.
Councilman Spiegel moved to add this item to the Agenda. Motion was seconded by Kelly and carried
by a 4-0 vote, with Councilman Crites ABSENT.
Mayor Pro-Tem Kelly moved to waive further reading and adopt Resolution No. 01-28. Motion was
seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT.
4
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
VI. ORDINANCES
For Introduction:
A. ORDINANCE NO. 979 - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, AMENDING CHAPTER 8.40 RECREATIONAL
VEHICLES ON PRIVATE PROPERTY, AND CHAPTER 10.96 RECREATIONAL
VEHICLES OF THE PALM DESERT MUNICIPAL CODE.
Mr. Ortega noted the staff report in the packets and stated that it would clarify some of the
provisions with regard to parking recreational vehicles on private property. He noted that
Homer Croy, Director of Building and Safety, was available to answer any questions.
Mr. Croy reviewed the staff report, noting that Council had appointed a committee to develop
an ordinance to regulate the storing of recreational vehicles, and this was done. He said it was
the committee's intention to allow temporary parking on private as well as public property. While
the public property issue was covered in the ordinance, the residential property was not. A new
section (Section F) would be added to the ordinance and would require that temporary parking
of recreational vehicles on private property comply with Section 10.96.020. In addition, Section
10.96.020 was proposed to be amended to read "The parking and/or storage of recreational
vehicles on public streets or private property is prohibited in the City, unless a permit is obtained
as provided in Subsection B, below."
Councilman Spiegel moved to waive further reading and pass Ordinance No. 979 to second reading.
Motion was seconded by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT.
For Adoption:
None
VII. NEW BUSINESS
A. REOUEST FOR REIMBURSEMENT TO THE COACHELLA VALLEY WATER DISTRICT -
FRED WARING DRIVE WIDENING.
Mr. Ortega noted the staffreport in the packets and said Project Administrator Lauri Aylaian was
available to answer any questions.
Councilman Spiegel moved to, by Minute Motion, authorize the reimbursement of up to $111,622.64,
to the Coachella Valley Water District for relocation of their equipment at Well Site 5661 at the northeast
corner of Fred Waring Drive and Portola Avenue. Funds are available in the current Capital Improvement
Program budget for this work. Motion was seconded by Kelly and carried by a 4-0 vote, with
Councilman Crites ABSENT.
5
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING
FEBRUARY 22, 2001
REOUEST FOR APPROVAL OF A CONTRACT FOR THE PRELIMINARY DESIGN AND --
ENGINEERING OF UNDERGROUNDING ON FRED WARING DRIVE (Contract
No. C 185201.
Councilman Spiegel moved to, by Minute Motion, approve the subject Agreement with Southern
California Edison and authorize the payment of $60,000 for design work associated with the undergrounding
of electrical utilities on Fred Waring Drive. Funding for this payment is available in the current
Capital Improvement Program budget. Motion was seconded by Benson and carried by a 4-0 vote, with
Councilman Crites ABSENT.
C. STATUS REPORT OF PALM DESERT LANDSCAPE AND LIGHTING ASSESSMENT
DISTRICTS FOR FISCAL YEAR 2001-2002.
Mayor Ferguson noted the staff report in the packets.
With Council concurrence, Councilman Spiegel and Mayor Ferguson were appointed to serve on a
committee to meet with staff and MuniFinancial before the next City Council meeting to discuss Assessment
District budgeting and services.
D. CONSIDERATION OF RECOMMENDATION RELATIVE TO THE ADDITION OF TWO
MOTORCYCLES TO TRAFFIC ENFORCEMENT.
Mr. Ortega noted the staff report in the packets.
Councilman Spiegel moved to, by Minute Moti on, concur with the recommendation ofthe Public Safety
Commission and direct staff to implement the motorcycle program on a one-year basis with BMW
motorcycles. Motion was seconded by Kelly and carried by a 4-0 vote, with Councilman Crites ABSENT.
6
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
VIII. CONTINUED BUSINESS
A. RESOLUTION NO. 01-4 - A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PALM DESERT, CALIFORNIA, DENYING AN APPEAL AND AFFIRMING A PLANNING
COMMISSION DECISION TO DENY A NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT; A GENERAL PLAN AMENDMENT FROM LOW DENSITY
RESIDENTIAL/INDUSTRIAL TO LOW DENSITY RESIDENTIAL/PARK; A CHANGE OF
ZONE FROM R-1 12,000 TO PR-4/OPEN SPACE; A TENTATIVE TRACT MAP FOR 270
SINGLE FAMILY LOTS AND ONE LOT FOR PARK PURPOSES; A NINE -LOT
TENTATIVE TRACT MAP FOR FINANCING PURPOSES; AND A DEVELOPMENT
AGREEMENT ON 117.5± ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW
DRIVE AND COUNTRY CLUB DRIVE Case Nos. GPA 00-7. C/Z 00-5. TT 29468. TT 29555.
and DA 00-1 (ABD Palm Desert 118, LLC, Appellant) (Continued from the meetings ofJanuary
11, 2001, and January 25, 2001).
Mr. Ortega stated this was a resolution that would deny the project. He said staff's
recommendation was that the Council hold action on this item until after the public hearing on
the new plan. If the new plan is approved, this item could be tabled.
At the suggestion of Mayor Ferguson, this item was considered at the same time as Old Business
Item B and Public Hearing Item C. Please see Public Hearing Item C for Council discussion.
Councilman Spiegel moved to TABLE Resolution No. 01-4. Motion was seconded by Kelly and
carried by a 4-0 vote, with Councilman Crites ABSENT.
B. CONSIDERATION OF NEXUS STUDIES SUPPORTING IMPOSITION OF CHILD CARE
AND BUS SHELTER DEVELOPMENT IMPACT FEES (Contract No. C18390) (Continued
from the meetings of January II, 2001, and January 25, 2001).
Councilmember Benson moved to, by Minute Motion, direct the City Manager to execute an Agreement
with Rosenow Spevacek Group, Inc., Santa Ana, California, for child care nexus study in an amount not to
exceed $4,000 - funds available in the Department of Community Development Professional Services
Account No. 110-4470-412-3090. Motion was seconded by Spiegel and carried by a 3-0 vote, with
Councilman Crites and Mayor Pro-Tempore Kelly ABSENT.
C. REQUEST FOR RATIFICATION OF EL PASEO BUSINESS IMPROVEMENT DISTRICT
ADVERTISING CONTRACT (Contract No. C17990) (Continued from the meeting of
February 8, 2001).
Mayor Ferguson stated he had requested continuance of this matter to assure that it complied
with all of the City's contracting procedures. He said he met with the City Clerk, who assured
him it does comply with all of the City's procedures.
7
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Spiegel questioned why only one bid was submitted. Business Support Manager
Ruth Ann Moore responded that three bids had actually been submitted, although two of those
were not complete because they sent in only qualifications rather than complete bids. She added
that the RFP was advertised that the City was specifically requesting fees that would be charged.
Upon question by Mayor Ferguson, she stated that it was written as a three-year contract, but a
thirty -day clause for cancellation was included.
Mayor Ferguson stated he felt the contract should be the same as any other City contract and be
for a three-year term with annual renewal based on review by the City, the Promotion Committee,
and the Merchants' Association.
Councilman Spiegel moved to, by Minute Motion: 1) Ratify the subject contract with D & A Marketing,
Palm Desert, California, for advertising services for the El Paseo Business Improvement District, in an
amount not to exceed $150,000 for media production and purchases including agency fees estimated at
$18,060, with the agreement amended to include annual review; 2) appropriate $30,000 to the El Paseo
Business Improvement District bringing the total budget from $166,000 to $196,000. Motion was seconded
by Benson and carried by a 4-0 vote, with Councilman Crites ABSENT.
Ms. Moore noted that the Board of the El Paseo Business Improvement District was required by
its bylaws to annually elect a President. She said staff had the pleasure of working with
Sonia Campbell as the President over the past several years and was pleased to be able to work
with the new President, David Fletcher.
D. CONSIDERATION OF AN APPEAL TO A DECISION OF THE ARCHITECTURAL
REVIEW COMMISSION INVOLVING THE SIGN PROGRAM AT MORNINGSTAR
PLAZA, 73-733 FRED WARING DRIVE Case No. SA 00-130 (Suresh Shah, Appellant)
(Continued from the meeting of February 8, 2001).
Planning Manager Steve Smith noted that Mr. Shah's sign program had been approved by the
Architectural Review Commission (ARC) in a modified form. Four signs were requested on
each the Fred Waring and south sides, with two signs on each end. He said ARC approved
it in that form, but the Applicant's request on the north side of the building was for
reverse -channel, halo -lit letters, gold in color. ARC did not feel illumination was warranted
in that location, as the building would typically not be open at night, and that end of
Fred Waring did not currently have illuminated signage. He said signage proposed by the
Applicant on the other three sides was non -illuminated; therefore, not an issue, and he noted
the Applicant's timely appeal to the decision. He went on to comment that at the time it went
before ARC, staff recommended against the south -facing signs because it wasn't deemed
reasonable to face signs into a residential district. For this reason, he said the recommendation
was without illumination on the north side (as recommended by ARC) and to permit only
pedestrian -scale signage on the building's south face.
MR. SURESH SHAH, 73-345 Highway 111, Palm Desert, stated he was the owner of the
building in this case, which was across the street from the Civic Center. He said his request
8
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
was for Council to approve professional -looking signage, that there would be no lighted
signage on the back or sides of the building, and that the project did not face any residential.
Further, he wanted reverse -channel lighting, noting there were lighted signs all along
Fred Waring Drive, and many of those establishments also were not open at night. He then
presented for Council's review several photographs he'd taken to demonstrate his point.
Mayor Ferguson stated he would be abstaining on this matter for reasons previously noted for
the record.
Councilman Spiegel felt there was no reason to deviate from the ARC recommendation not
to allow lighted signs on the south face of the property.
Councilman Spiegel moved to, by Minute Motion, deny the appeal. Councilmember Benson
seconded the motion.
MR. SHAH stated he was asking for back -lit signs on Fred Waring and believed there was
already precedence established for illuminated signage
Councilman Spiegel withdrew his previous motion, and Councilmember Benson agreed to withdraw
her second.
Councilman Spiegel asked for staff's reason for recommending against lighted signs on
Fred Waring Drive.
Mr. Smith explained users of the building would not be open at night. He noted that there
were no illuminated, wall -mounted signs on Fred Waring Drive east of Monterey Avenue.
Mayor Pro-Tempore Kelly stated he felt there was no problem with lighted signage.
Councilmember Benson believed approval would open the flood gates, and all would want
such signage.
After questions, Mr. Smith clarified that the request was for building identification signs to
be halo -lit on the front of the building that faced Fred Waring Drive.
Councilman Spiegel moved to, by Minute Motion, deny the appeal and affirm the decision of the
Architectural Review Commission. Councilmember Benson seconded the motion, and it carried on a
3-0-1 vote, with Mayor Ferguson ABSTAINING and Councilman Crites ABSENT.
9
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
IX. OLD BUSINESS
A. CONSIDERATION OF AN ORDINANCE RELATIVE TO SMOKING IN PUBLIC
FACILITIES.
Mayor Ferguson gave a brief history of this proposed ordinance, noting that those individuals
who serve in government interpret the word "public" to mean publicly owned property, such as
the Civic Center Park, City Hall, the golf course, etc. He said one of the issues was to address
teenagers smoking in restrooms in the City parks and at the Skateboard Park, as well as to
provide City employees smoke -free ingress and egress to their workplace. He said the ordinance
as drafted interpreted "public" as anywhere the public may go in the City of Palm Desert. He said
while he and Councilmember Benson had originally requested this ordinance, it was not their
intent to regulate all property irrespective of its ownership interest in the City of Palm Desert, and
the intent was to address publicly owned properties.
Mr. Ortega stated that staff would recommend that the City Council postpone action on this item
and appoint two Councilmembers to serve on a subcommittee to look at the ordinance and come
back with appropriate changes.
Mr. Erwin stated it was not his recommendation that Council approve the ordinance as currently
written, which was the fullest extent that the Council could potentially go. He said he felt it
created as many problems, particularly in the area of enforcement, as it potentially would solve.
He added that he felt a middle ground could be achieved that would provide the smoke -free
environment that a lot of people enjoy and still recognize the rights of individuals who choose to
smoke. He agreed with the City Manager's recommendation. He said the definition of "public
place" was really the biggest problem with this ordinance, and he felt a subcommittee would be
appropriate to redraft the ordinance and come up with a reasonable definition.
Mayor Ferguson invited testimony from the audience. The following spoke in FAVOR of the proposed
ordinance:
MS. V. J. SLEIGHT, 73-780 Buckboard Trail, Palm Desert, said she was a former smoker, a 13-
year cancer survivor, a volunteer with the American Cancer Society, and directed a smoking
cessation program to help those who want to stop smoking. She said she felt this was a health
issue rather than a moral issue, and she urged the City Council to do what is best for the health
of the community. She asked that the ordinance be amended to exclude certain areas, including
special smoking patios at restaurants and bars. She also urged the Council to look at retail shops,
noting that when walking into the Von's grocery store, she is surrounded by smoke. She noted
that there is also a lot of trash created by smokers throwing out their cigarette butts, rather than
walking to a trash can to throw them away, and this affects everyone. She added that most
smokers do not choose to smoke but rather are addicted to it, and she felt this issue needed to
be addressed as well.
10
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
The following spoke in OPPOSITION to the proposed ordinance:
MS. CARMEN MERCEDES, stated she felt people are exposed to the same amount of
environmental pollution from automobile exhaust fumes when walking across a street. She
expressed concern with banning smoking in public places when taxpayers have paid for those
facilities. She also disagreed that all smokers are addicted.
MR. JACK WISE, owner of Smoky's Restaurant, stated that the smoking ordinance established
by the State of California had been enforced pretty closely by the Health Department. He said
most of the restaurants had built areas to allow outside smoking, and his concern was that limiting
smoking to 40 feet from restaurants would cause a loss of income for those businesses.
MR. ALIBABA FARZANEH, 39-902 Newcastle Drive, Palm Desert, said he agreed the Council
should be able to regulate smoking in City -owned facilities; however, he did not feel the City
should prohibit smoking in designated places in restaurants.
Councilman Spiegel suggested that the proposed ordinance, when rewritten, be made available
to the public for review and input prior to the Council taking action on it.
Mayor Pro -Tern Kelly stated that the Council had not had an opportunity to look at this
ordinance, and he said there was no intention on the part of the Council to adopt the ordinance
at this stage. He suggested rather than taking testimony at this time, perhaps it could wait until
after such time as the ordinance is studied and rewritten more reasonably.
Mayor Ferguson agreed and reiterated that when he and Councilmember Benson first talked
about public property, they meant City -owned property; however, when the ordinance was
drafted, it was written in such a way that public property meant a place where anyone in the
public travels. He said he would like the Council to give direction to the subcommittee that the
Council was looking at City -owned property only.
Councilmember Benson stated that the Council was very proud of the restaurateurs in the City
of Palm Desert, and Palm Desert was the only city in this area that had completely abided by
AB 13 and its requirement for a smoke -free environment in restaurants. She added that the
proposed ordinance was not meant for the restaurants and was meant to regulate smoking on
City -owned property.
Councilman Spiegel added that Palm Desert was number one in restaurant sales in the Coachella
Valley, and he also thanked the restaurant owners.
Councilman Spiegel moved to, by Minute Motion, direct staffto rework the ordinance language so that
it specifies City -owned property. Motion was seconded by Benson and carried by a 4-0 vote, with
Councilman Crites ABSENT.
11
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
********************************************************
Councilman Kelly moved to, by Minute Motion, appoint Councilmember Benson and Councilman
Spiegel to serve on a subcommittee with the City Attorney and appropriate staff to redraft the subject
ordinance. Motion was seconded by Mayor Ferguson and carried by a 4-0 vote, with Councilman Crites
AB SENT.
B. REOUEST FOR APPROVAL OF A PURCHASE AGREEMENT BETWEEN ABD PALM
DESERT 118, LLC, AND THE CITY OF PALM DESERT.
At the suggestion of Mayor Ferguson, this item was considered at the same time as Continued
Business Item A and Public Hearing Item C. Please see Public Hearing Item C for Council
discussion.
Councilman Spiegel moved to, by Minute Motion, conceptually approve the Purchase Agreement
between ABD Palm Desert 118, LLC, and the City of Palm Desert to purchase 30± acres located on the
north side of Country Club Drive approximately one-half mile west of Washington Street, said Purchase
Agreement subject to the approval of the City Attorney and finalization of the agreement when it returns with
the rest of the project at the March 22, 2001, meeting. Motion was seconded by Kelly and carried by a 4-0
vote, with Councilman Crites ABSENT.
X. COMPLETION OF HELD OVER ITEMS
None
XI. AWARDS, PRESENTATIONS, AND APPOINTMENTS
None
XII. PUBLIC HEARINGS
A. CONSIDERATION OF APPROVAL OF AN AMENDMENT TO THE ZONING
ORDINANCE, CHAPTER 25.25.016 RELATIVE TO SETBACK REQUIREMENTS IN THE
O.P. (OFFICE PROFESSIONAL) DISTRICT Case No. ZOA 00-09 (City of Palm Desert,
Applicant) (Continued from the meetings of November 9, 2000, and January 11, 2001).
Councilman Spiegel moved to, by Minute Motion, continue the matter to a date uncertain. Motion was
seconded by Councilmember Benson and carried by 4-0 vote, with Councilman Crites ABSENT.
12
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
********************************************************
B. REOUEST FOR APPROVAL OF THE SALE OF MOBILE HOME LOT NOS. 10 (APN
622-351-010-0), 26 (APN 622-351-026-5), AND 127 (APN 622-351-127-3)LOCATED AT 43-
155 PORTOLA AVENUE (PORTOLA PALMS MOBILE HOME PARK) AT FAIR MARKET
VALUE (JOINT CONSIDERATION WITH THE PALM DESERT REDEVELOPMENT
AGENCY).
Mr. Ortega noted the staff report in the packets. He said the purpose of this public hearing was
to see if there was any objection to this sale from the public.
Chairman/Mayor Ferguson declared the public hearing open and invited testimony in FAVOR of or
OPPOSED to this request. No testimony was offered, and he declared the public hearing closed.
Member/Councilman Spiegel moved to: 1) Waive further reading and adopt City Council Resolution
No. 01-24, authorizing the Palm Desert Redevelopment Agency to sell the subject mobile home lots at fair
market value; 2) waive further reading and adopt Redevelopment Agency Resolution No. 412, making and
finding that the sales price for said lots are not less than their fair market value in accordance with the highest
and best use under the Redevelopment Plan for Project Area 1 Amended. Motion was seconded by Benson
and carried by a 3-0 vote, with Member/Councilman Crites and Mayor Pro-Tempore/Vice Chairman Kelly
AB SENT.
C. CONSIDERATION OF AN APPEAL OF A PLANNING COMMISSION DECISION TO THE
CITY COUNCIL OF A NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT, A
GENERAL PLAN AMENDMENT FROM LOW DENSITY RESIDENTIAL/INDUSTRIAL
TO LOW DENSITY RESIDENTIAL/PARK, A CHANGE OF ZONE FROM R-1 12,000 TO
PR-3 (10,000 SQ. FT. MINIMUM)/OPEN SPACE, A TENTATIVE TRACT MAP FOR 256
SINGLE FAMILY LOTS AND 1 34-ACRE REMAINDER LOT, A 9 LOT TENTATIVE
TRACT MAP FOR FINANCING PURPOSES, AND A DEVELOPMENT AGREEMENT ON
118 + ACRES AT THE NORTHEAST CORNER OF TAMARISK ROW DRIVE AND
COUNTRY CLUB DRIVE Case Nos. GPA 00-07, C/Z 00-05, TT 29468, TT 29555, and DA,
00-01 (ABD Palm Desert 118, LLC, Appellant).
At the suggestion of Mayor Ferguson, this item was considered at the same time as Old Business
Item B and Continued Business Item A.
Mayor Ferguson declared the public hearing open.
Mr. Drell reviewed the staff report, noting that a previous map had been submitted for 271 lots
for which staff was directed to prepare a resolution of denial. Associated with it was a
development agreement and change of zone from R-1 12,000 to R-1 8,000. He said the
development agreement essentially dealt with some esoteric issues the developer and current
property have as to the timing of the effective date of the approvals, and they were not primarily
a zoning concern. Based on Council direction, staff had prepared a resolution of denial for the
original proposal. Subsequent to that, the applicant proposed to amend the map, increasing the
minimum lot size to 10,000, changing the zoning to a planned residential zone, PR-3. He noted
13
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
a conceptual map posted in the Council Chamber and stated that the actual engineer tentative map
had not yet been completed, pending some direction from Council. He said the map showed a
project of 256 single-family lots, with minimum lot size of 10,000 square feet. He said the
original plan included a remainder parcel of approximately 38 acres, which was discussed as being
used for a park. With the larger lots, the tract had been expanded and the remainder parcel was
now 34 acres. In addition, as part of the action, the general plan would be amended to designate
this property, which was formerly designated as a combination of industrial and residential, to
residential and a public park site. The zoning on the remainder parcel would also be changed to
open space. He said this would allow for a park to be developed in the future on the remainder
parcel. He said the development agreement dealt with the timing issues and specifically
established the design standards for housing on the single-family parcels.
With regard to the item dealing with park acquisition, Mr. Drell stated that there would be 34
acres, with a negotiated price of $67,000 per acre. Of the 34 acres, three acres would have to
be dedicated pursuant to the City's park dedication requirement; therefore, approximately 31
acres would be purchased at the $67,000 per acre. He said the exact purchase price would vary
once the exact acreage of the parcel is known, but it was expected to be approximately
$2,070,000. Upon question by Councilman Spiegel, Mr. Drell stated that the $67,000 per acre
price was negotiated pursuant to two appraisals.
Mayor Ferguson invited testimony from the applicant.
MR. JACK SHINE, American Beauty Development, 16830 Ventura Blvd., Encino, stated he
agreed with staffs recommendations and was available to answer any questions.
Councilman Spiegel asked whether Mr. Shine had an opportunity to meet with neighbors who
were opposed to the original project.
Mr. Shine stated that his team had communicated with members of the Board at Regency, and
they had also met with residents across the street at Palm Desert Resorter.
Mayor Ferguson invited testimony from the audience.
MR. JOHN KULLER, 77-409 Preston Trail, Treasurer ofthe Palm Desert Resorter Homeowners
Association, stated that the Board had discussed this development with Mr. Shine and with
members, and they were generally in favor ofthe development as presented by staff. He said they
would ask two things ofthe City: 1) That the wall at Country Club and Tamarisk and the Country
Club Drive improvements be done early in the development cycle; and 2) with regard to the
school and the park site, that some sand stabilization be used if it is not to be developed right
away.
The following also spoke in FAVOR of the project:
14
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
MS, DEE PEDEN, 40-322 Bay Hill Way, Palm Desert, said she was also a Board Member at
The Resorter and was very much in favor of the project as proposed.
MR. DEAN WILLIAMS, 77-407 Sawgrass Circle, Palm Desert, agreed with the previous two
speakers, saying he lived directly across from the proposed park and that his neighbors would like
to see approval.
MS. MARJORIE HARLAN, 41-946 Preston Trail, said she was a resident ofPalm Desert Resort,
and a meeting had been held with the developer and residents. She said many of the homeowners
were there, and it was the general consensus of opinion that this would be a good project for
them.
MR. ERNIE HAMBY, 49-430 Joshua Road, Palm Desert, spoke as the General Manager ofPalm
Desert Resort Country Club and said he was also representing Guymo Golf USA. He said they
were in support ofthis development for several reasons, including improvements to Country Club
and Tamarisk, reduction of blowing sand, and the ability to market their golf memberships and
facilities to those who will be moving into this proposed new development. He submitted a letter
of support (attached hereto and made a part hereof as Exhibit "A").
MR. ALIBABA FARZANEH, a resident in the Regency Estates development.
The following spoke in OPPOSITION to the proposed project:
MS. ROBIN ST. LOUIS, 72-952 Sheffield Court, Palm Desert, a resident of Regency Estates
development just across the street from this property. She said she felt it was bad public policy
to change the zoning in a City piece -meal in order to please someone's special interests, and it
was a breach of good faith with the citizens because the General Plan is really an implied contract.
She added that when she purchased her home, she was told that the zoning for this piece of land
across the street was the same as in her development, R-1 12,000, and that was a factor she made
in purchasing her home.
MR. JOHN YOUNG, President of the Regency Estates Homeowners Association, 76-984
Sheffield Court, asked that the development agreement include some safeguards to ensure the
quality of the project, since this developer will not be building the properties.
Mayor Ferguson declared the public hearing closed.
Upon question by Mayor Ferguson relative to the average lot size, Mr. Drell stated that it would
be close to 11,000 square feet, although the final map was not yet completed. He also stated that
staff's recommendation was that Council pass the Ordinance for the development agreement to
second reading and continue the tentative map request for one month for the applicant to do the
engineering on the tentative map. The matter would then be on the Agenda as a continued public
hearing on the map and for action on the development agreement, change of zone, and other
issues.
15
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Mayor Ferguson asked if the safeguards requested by Mr. Young could then be put into the
development agreement during that one month.
Mr. Drell responded that those safeguards should be added at this time; otherwise, the ordinance
would have to come back for first reading. Upon further question by Mayor Ferguson, Mr. Drell
responded that the zoning at Whitehawk was R-1 8,000.
Mayor Pro-Tem Kelly asked whether the streets on the south and west sides were lined up with
the other streets, and Mr. Drell responded that this had been done. He noted that the southerly
entrance would align directly with the Regency Estates entrance, although there was no signal
being proposed at this time. He added that the entrance on Country Club would align exactly
with the entrance to The Resorter, and there was already a signal at that location which would
be modified to a full signal.
Councilmember Benson expressed concern with the possibility of having different developers
building the project, and she asked if a minimum number of units could be specified so that we
do not have 25 or 50 done at one time and then have to wait a long time before the next phase
is done. She also asked if there could be time limit placed on the completion of the entire project.
She also asked if something could be included in the development agreement relative to dust
control and stabilization, who will be responsible, and when the grading can be done.
Councilmember Spiegel agreed there should be certain standards for building the project;
however, he questioned how this could be included in the development agreement.
Mr. Drell responded that the project would have to go through Architectural Review Commission
for quality control the same as any other project in the City of Palm Desert. He said the
development agreement could stipulate that the Regency Estates Homeowners Association would
be notified so they can review the plans prior to those plans being considered by Architectural
Review Commission.
Councilman Kelly said he felt the development of the park was an important part of this project,
and he wanted to be sure the purchase of the land for the park would really take place.
Mayor Ferguson expressed concern that dust control and soil stabilization measures be
implemented for the entire property, including who is responsible for it.
Councilman Spiegel moved to, by Minute Motion, conceptually approve the Purchase Agreement
between ABD Palm Desert 118, LLC, and the City of Palm Desert to purchase 30± acres located on the
north side of Country Club Drive approximately one-half mile west of Washington Street, said Purchase
Agreement subject to the approval ofthe City Attorney and finalization of the agreement when it returns with
the rest of the project at the March 22, 2001, meeting. Motion was seconded by Kelly and carried by a 4-0
vote, with Councilman Crites ABSENT.
16
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
Councilman Spiegel moved to waive further reading and: 1) Adopt Resolution No. 01-27, approving
GPA 00-07; 2) pass Ordinance No. 980, to second reading, approving C/Z 00-05; 3) pass Ordinance No.
981, to second reading, approving DA 00-01;4) by Minute Motion, continue TT 29468 and TT 29555 to the
meeting of March 22, 2001; 5) direct staff to incorporate the following conditions into the appropriate
documentation for this project: a) Quality of construction with approval of architectural considerations by
Architectural Review Commission and concurrence from representatives of the Regency developments and
Palm Desert Resorter; b) dust control measures; c) wall on the west side of the project; and d) signalization
on Country Club.
MR. YOUNG stated that previously Mr. Shine had offered to fund a signal for the Tamarisk
access. He wondered if that condition could still be incorporated.
Mayor Ferguson stated that the City Engineer would review that matter.
MR. TOM ELLERTSON, Regency Estates resident, asked about a wall on the south side of the
development.
Mr. Drell responded that the development would have a wall both on Country Club and on
Tamarisk, while the park side would not have a wall. Therefore, he said from the time the
grading is done, the ground would have to be stabilized, and it was hoped the development of the
park and the development of the tract could be coordinated so they are built simultaneously.
Councilmember Benson seconded the motion, and the motion carried by a 4-0 vote, with Councilman
Crites ABSENT.
Councilman Spiegel moved to TABLE Resolution No. 01-4. Motion was seconded by Kelly and
carried by a 4-0 vote, with Councilman Crites ABSENT.
XIII. REPORTS AND REMARKS
A. INFORMATIONAL ITEMS:
1. Progress Report on Retail Center Vacancies.
Business Support Manager Ruth Ann Moore noted the report provided with the
Agenda packets.
2. Status Report for Palms to Pines East Remodeling Project/Maintenance Issues.
Mr. Drell reported resolution of the litigation connected to the project would,
hopefully, soon be achieved. He added that once that was accomplished, staff stood
ready to expedite the pending building permits.
17
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
********************************************************
3. Report on Energy Conservation Efforts.
Councilmembers noted the report in their packets, commending staff for reducing
energy consumption.
4. Report on the Proposed Toscana Project in Indian Wells
Mayor Ferguson stated he'd previously asked, and the Council agreed, that
Engineering Manager Mark Greenwood should provide a report that would analyze
the impacts on Palm Desert traffic from the subject Indian Wells project.
Mr. Greenwood then discussed his analysis with the Council.
With City Council concurrence, the City Manager and appropriate staff were directed to formulate
a response to the Indian Wells City Council with regard to its consideration of the Toscana Project
and impacts on Palm Desert.
B. CITY MANAGER
None
C. CITY ATTORNEY
Mr. Erwin noted the items on the Agenda for Closed Session consideration at the appropriate
time.
1) Request for Closed Session:
Conference with Legal Counsel regarding significant exposure to litigation pursuant
to Government Code Section 54956.9(b):
Number of potential cases: 2
2) Report and Action on Items from Closed Session Made at This Meeting.
None
D. CITY CLERK
1. Ms. Klassen asked Councilmembers to review their calendars to determine a time
in the near future for a joint study session of the City Council, Planning
Commission, and Coachella Valley Water District for a presentation of its
Coachella Valley Water Management Plan.
18
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
2. Additionally, Ms. Klassen asked Councilmembers to make an appointment of an
alternate representative for the Riverside County Airport Authority (Thermal
Airport), as Mayor Pro-Tempore Kelly would be unable to attend the next two
meetings of that body.
With Council concurrence, Councilmember Benson and Mayor Ferguson were appointed to serve
as alternates on Mayor Pro-Tempore Kelly's behalf, respectively, for the next two meetings of the
Riverside County Airport Authority.
E. MAYOR AND MEMBERS OF THE CITY COUNCIL
o City Council Requests for Action:
1. Councilman Spiegel said he had an item he wished added to this agenda
regarding the purchase of 72, 5-CD sets of Mozart Sonatas for Desert Sands
Unified School District Schools.
Councilman Spiegel moved to add consideration of the purchase of classical piano CD's to this
Agenda. Motion was seconded by Mayor Pro-Tempore Kelly and carried by 4-0 vote, with
Councilman Crites ABSENT.
Councilman Spiegel stated a total of $3,600 was necessary for the purchase of
the 72, 5-CD sets, which was the number needed in order to supply each
elementary class. He commented that Superintendent Wilson was very
enthusiastic about the program.
Mayor Pro-Tempore Kelly moved to, by Minute Motion, approve an expenditure of $3,600 and the
accompanying appropriation for purchase of 72, 5-CD sets of Mozart Sonatas for use in Desert Sands
Unified School District elementary schools. Motion was seconded by Councilmember Benson and carried
by a 4-0 vote, with Councilman Crites ABSENT.
o City Council Committee Reports:
1. Councilman Spiegel stated that Desert Sands Unified School District had
requested a joint study session with the City Council to review remodeling
plans for all Palm Desert schools.
2. Mayor Ferguson stated that with regard to the recently formed General Plan
Advisory Committee, there inadvertently ended up being some confusion when
the Planning Commissioners were appointed to that body. In an effort to
provide liaisons to all the bodies where they were needed, Mayor Ferguson
suggested that a Planning Commission liaison be appointed to serve the
Parks & Recreation Commission.
19
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *
XIV. ORAL COMMUNICATIONS
None
XV. ADJOURNMENT
With Council concurrence, Mayor Ferguson adjourned the meeting to Closed Session at 6:08 p.m. He
reconvened the meeting at 6:20 and immediately adjourned with no action announced from
Closed Session.
ATTEST:
SHEILA R. GILL'IGA CITY CLERK
CITY OF PALM DE' ' T, CALIFORNIA
20
MINUTES
REGULAR PALM DESERT CITY COUNCIL MEETING FEBRUARY 22, 2001
EXHIBIT "A"
February 22, 2001
Members of the City Council
Dear Members of the Cm- Council,
SUBJECT: AMERICAN BEAUTY DEVELOPMENT
My name is Ernie Hamby and I'm the General Manager of Palm Desert Resort Country Club. 1 am
representing the views of Guymo Golf USA, owner / operator of two 18-hole golf courses in Southern
California: 1) the California Country Club in Los Angeles and Palm Desert Resort CC here in Palm Desert.
We are located directly across the street from American Beauty's proposed development on Resorter.
We are in support of this project for a few reasons. #1 the development will he finishing up the improvements
to Country Club and Tamarisk. #2 this project will eliminate the blowing sand resulting from an unimproved
parcel of land and #3 we're excited for the opportunity to increase our own customer base by marketing our
product to prospective homeowners. Although we are a semi -private golf facility, we do welcome the general
public and are in fact aggressively marketing our golf memberships to those who reside outside the gates of
Palm Desert Resort CC. Palm Desert Resort Country Club consists of an 18-hole golf course, numerous
tennis courts, and a full -service restaurant. Like other golf facilities who are open to public, we are constantly
searching for new golf members, diners and tennis players. We feel this development will be beneficial not only
for potential homeowners, but for our business as well.
We encourage the council to vote in favor of this project. Thank you.
Sincerely,
rnie Halrtb - /
General Manager Palm Des t Resort
Guvmo Golf I;SA
EH
Palm Desert Resort Country Club
77-333 Country Club Drive • Palm Desert, California 92211-9231 • (760) 345-2781
21